EU: Duty Free and Quota Free Access

Lord Moynihan: asked Her Majesty's Government:
	Why, when Article 12 of the Cotonou agreement provides for the consultation whenever the interests of African, Caribbean and Pacific Countries are affected, there was no prior consultation in the case of the proposal from the European Union Trade Commissioner, Mr Lamy, to grant duty free and quota free access to all products from the least developed countries.

Baroness Scotland of Asthal: The Cotonou agreement contains a commitment to extend duty free and quota free access to least developed countries (LDCs). The Lamy proposal, to grant duty free and quota free access to all products except arms from LDCs, with a transition period for sugar, rice and bananas, is the Commission's response to this commitment. The Commission informed the ACP Secretariat of its proposal shortly after it informed member states, as it is required to do under the Cotonou agreement. Consultations are under way between the Commission, the ACP countries and member states.

EU: "Everything But Arms" andSugar Regime Proposals

Lord Moynihan: asked Her Majesty's Government:
	Given that the "Everything But Arms" prosposal is under discussion in the Council of European Union Foreign Ministers, while the Sugar Regime proposal is under discussion in the Council of European Union Agriculture Ministers, what linkage or formal channels for discussion operate between the two Councils with regard to these related issues.

Baroness Scotland of Asthal: The formal position is that the Council is one body, which comes together in different configurations to discuss specific proposals. In the case of the UK, it is standard practice that negotiators consult all interested departments before taking a position in Brussels. Ministers have already made the point that the proposals on reform of the sugar regime and the "Everything But Arms" (EBA) proposal need to be considered in relation to each other and have pressed for the impact of the EBA proposal to be discussed in the context of the reform proposals in the Agriculture Council.

Bermuda and the British Virgin Islands: Judicial Corporal Punishment

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What progress has been made towards removing judicial corporal punishment from the statute books of the overseas territories of the British Virgin Islands and Bermuda, in accordance with the international obligations of the United Kingdom under the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

Baroness Scotland of Asthal: Judicial corporal punishment was removed from the statute books of Bermuda and the British Virgin Islands in December 1999 and August 2000 respectively.

Bermuda: Abolition of Capital Punishment for Murder

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What progress has been made towards the abolition of capital punishment for murder in the overseas territory of Bermuda.

Baroness Scotland of Asthal: Capital punishment for murder in Bermuda was abolished in December 1999.

Overseas Territories: Abolition of Capital Punishment for Treason and Piracy

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What progress has been made in each of the overseas territories towards the abolition of capital punishment for the offences of treason and piracy.

Baroness Scotland of Asthal: Capital punishment for treason and piracy was in force in all Caribbean Overseas Territories, Bermuda, British Indian Ocean Territory and Gibraltar in March 1999 when the White Paper on Overseas Territories was published. Capital punishment for both offences has now been abolished in Bermuda, the British Indian Ocean Territory and all Caribbean Territories except in the Turks and Caicos Islands. The Government are pursuing the question of abolition with the Turks and Caicos Islands authorities. The Government of Gibraltar have now abolished capital punishment for treason and are committed to abolishing capital punishment for piracy.

NymIP Project

The Earl of Northesk: asked Her Majesty's Government:
	How, in the context of network anonymity and privacy, they respond to the NymIP project.

Lord Bassam of Brighton: The Government take a close interest in any technological developments that may be misused in a malicious or criminal way. Anonymity services misused in such a way can impact upon the capability of Internet service providers to deal with network abuses such as unsolicited bulk messaging (spam), tracing and preventing denial-of-service attacks and unauthorised access to computer systems (hacking). They can also impact upon the capability of law enforcement to detect and investigate crime.
	Working in co-operation with industry at home and abroad, through the Internet Crime Forum and the GB Government-Industry Dialogue on Security and Confidence in Cyberspace, the Government will continue to seek to ensure that where anonymity services are misused for criminal purposes that misuse can be effectively investigated.

Complaints against the Police

Baroness Howells of St Davids: asked Her Majesty's Government:
	When they will announce the proposals for a new system for dealing with complaints against the police.

Lord Bassam of Brighton: This afternoon we are publishing a framework of a new system to handle complaints made against police officers. There are some areas which require further work and we are inviting views on these so that they can be finalised.
	It was last May that the Government published a consultation document which was based on reports of two separate studies. The first study was commissioned from the management consultants KPMG in order to take forward recommendations made by the Home Affairs Select Committee in its report on the police disciplinary and complaints procedures and by Sir William Macpherson's report of the Stephen Lawrence Inquiry. The second study was by the human rights organisation Liberty.
	The outcome of the consultation is that the Government propose to set up a new body to handle complaints; it will be called the independent police complaints commission.
	My honourable friend the Minister of State for the department, Mr Charles Clarke, previously indicated his sympathy for the principle of an independent system for investigating complaints against the police and we are pleased to announce that a key element of the new system will be the independent investigations of the more serious complaints. Two other key elements of the new system will be easier accessibility to the system for complainants and more openness in dealing with complainants.
	We are very grateful to all those who took part in the consultation; in particular, the Police Complaints Authority (PCA), which has called repeatedly for reforms so that it could increase its effectiveness and independence. The PCA's response pointed the way towards independent investigations, easier accessibility and more openness.
	Copies of the framework document have been arranged to be placed in the Library.

Sexual Offences (Amendment) and Criminal Justice and Court Services Acts

Baroness Gould of Potternewton: asked Her Majesty's Government:
	When they will commence the Sexual Offences (Amendment) Act 2000 and Part II of the Criminal Justice and Court Services Act 2000.

Lord Bassam of Brighton: We are implementing both these important measures as quickly as possible because of the important equality and child protection measures they contain.
	The Sexual Offences (Amendment) Act 2000 will be commenced in England and Wales and Northern Ireland on 8 January 2001. Commencement in Scotland is a matter for the Scottish Executive.
	Part II of the Criminal Justice and Court Services Act will be commenced in England and Wales and Northern Ireland on 11 January 2001.

Road Traffic Offences: Penalties

Baroness Billingham: asked Her Majesty's Government:
	When they will publish the consultation paper following the recent review of penalties for road traffic offences.

Lord Bassam of Brighton: We are pleased to announce that the consultation paper to which my noble friend refers has been published today. Copies have been placed in the Library.

Government Departments: Software

The Earl of Northesk: asked Her Majesty's Government:
	Whether any government departments or agencies are operating illegal software.

Lord McIntosh of Haringey: In July 1999, the Cabinet Office Central Computer and Telecommunications Agency (CCTA) issued guidance to departments and agencies reminding them of their obligations to acquire all software legally and to use it in accordance with the conditions of the licence. The guidance reinforced the code of practice endorsed by the Federation Against Software Theft (FAST).

Personal Incomes: Top Rate of Direct Tax

Lord Jacobs: asked Her Majesty's Government:
	Further to the Written Answer by Lord McIntosh of Haringey on 29 November (WA 150), what were the average earnings in the United Kingdom for the years 1988-89 to 1999-2000; and what was the ratio of average earnings to the taxable income above which the highest rate is charged for those years.

Lord McIntosh of Haringey: Average earnings numbers are published in the new earnings survey table A30 and financial year averages for 1991-92 to 2000-01 are also published in Inland Revenue Statistics table 2.7. The table below gives the numbers requested.
	
		
			  Higher rate threshold Average earnings (annual) Average earnings (weekly) Average earnings as a % of the high rate threshold 
			  £ £ £ % 
			 1988-99 21,905 11,913 229.10 54 
			 1989-90 23,485 13,073 251.40 56 
			 1990-91 23,705 14,243 273.90 60 
			 1991-92 26,995 15,324 294.70 57 
			 1992-93 27,145 16,162 310.80 60 
			 1993-94 27,145 16,708 321.30 62 
			 1994-95 27,145 17,212 331.00 63 
			 1995-96 27,825 17,883 343.90 64 
			 1996-97 29,265 18,699 359.60 64 
			 1997-98 30,145 19,557 376.10 65 
			 1998-99 31,295 20,400 392.30 65 
			 1999-2000 32,335 21,081 405.40 65 
		
	
	Annual average earnings are the weekly figures multiplied by 52.
	Average earnings figures are based on all full-time employees whose pay is unaffected by absence.
	The higher rate threshold is the personal allowance plus the highest threshold for taxable income.

Task Forces, ad hoc Advisory Groups and Reviews

Lord Tomlinson: asked Her Majesty's Government:
	When they will publish the next six-monthly update of information on task forces, ad hoc advisory groups and reviews established since 2 May 1997.

Lord Falconer of Thoroton: I have today placed in the Library of the House lists containing updated details about those live task forces, ad hoc advisory groups and reviews established between 2 May 1997 and 31 October 2000. The lists also contain details about those bodies that have been wound up during the period 1 May 2000 to 31 October 2000.

Defence Spending in Europe

Lord Vivian: asked Her Majesty's Government:
	Which countries in Europe have agreed to increase their defence spending; and in percentage terms by how much for each country.

Baroness Symons of Vernham Dean: For 2001, defence expenditure is expected to increase in real terms in the following European NATO countries: Denmark, Greece, Hungary, Italy, Luxembourg, Norway, Poland, Portugal, Spain, Turkey and the UK. NATO receives detailed figures for defence expenditure from its member countries. However, in order to respect the confidentiality of nations these figures are not published.
	Figures for other European Nations are not readily available. However, all NATO aspirant countries are committed to increasing their defence expenditure. These countries are Albania, Bulgaria, Estonia, Latvia, Lithuania, Macedonia, Romania, Slovakia, Slovenia.

EU Defence Force: United States Reaction

Lord Pearson of Rannoch: asked Her Majesty's Government:
	Following the quotation from United States Defense Secretary, Mr Bill Cohen, in the statement on the European Defence Co-operation by Baroness Symons of Vernham Dean on 22 November (H.L. Deb., col. 854), XLet me be clear on the American position. We agree with this goal, not grudgingly, not with resignation, but with wholehearted conviction", whether Mr Cohen also said that if the European Union set up a force which could go its own way it would be Xhighly ineffective, seriously wasteful of resources and contradictory to the basic principles of close NATO-European Union co-operation"; if so, whether the statement accurately reflected the Defense Secretary's views; and, if not, whether they will correct the statement in Parliament.

Baroness Symons of Vernham Dean: The US Secretary of Defence made a number of comments in a closed session of the NATO Defence Ministerial meeting on 5 December 2000. Speaking at his subsequent press conference, Mr Cohen said:
	XThe United States strongly supports the EU's efforts to create a rapid reaction capability that can deal swiftly and effectively with local challenges to Europe's security, where NATO as a whole is not engaged.";
	before going on to say,
	XIf NATO and the EU with its ESDP (European Security and Defence Policy) are seen as autonomous and competing institutions, rather than integrated, transparent and complementary ones, then NATO and collective security are likely to suffer, leaving North America and Europe alike to rely on uncoordinated, inefficient and ad hoc responses to destabilising threats".
	The Government fully support this view and will ensure that the initiative continues to be developed in full co-operation with NATO.
	My statement of 22 November does not need correction.

Coal-miners: Compensation Claims

Lord Tebbit: asked Her Majesty's Government:
	What progress has been made towards the settlement of compensation claims by former coal-miners for occupational diseases such as emphysema.

Lord Sainsbury of Turville: To date we have made over 61,600 individual payments, in interim and full and final settlements, to former miners, and their families, with claims for respiratory and vibration related diseases.

Portsmouth Hospitals: Delayed Operations

Lord Vivian: asked Her Majesty's Government:
	Which hospitals in the Portsmouth area have had to delay patient operations due to the poor quality of surgical instruments; and what is the average period of delay; and (HL15) How many patients have been admitted to the Royal Hospital Haslar due to delayed patient operations in hospitals in the Portsmouth area.

Lord Hunt of Kings Heath: Waiting lists at the Queen Alexandra Hospital, part of the Portsmouth Hospitals NHS Trust, have been affected due to difficulties with their hospital sterilisation and decontamination unit. It is not possible to calculate the average period of delay from data held centrally.
	An action plan is in place to address the problems, including installation of a new washer at Queen Alexandra Hospital and ordering an additional washer for St. Mary's Hospital, new maintenance/breakdown support arrangements; improved quality assurance methods; and the provision of £475,000 for the purchase of additional instruments, including orthopaedic instruments. In addition, spare capacity at other hospitals, including the Royal Hospital Haslar, is being identified. It is estimated that an additional 10 to 12 orthopaedic operations a week are being carried out on the Haslar site as a result.

Passive Smoking: Departmental Policies

Lord Janner of Braunstone: asked Her Majesty's Government:
	What steps they have taken or plan to take to protect their employees from the effects of passive smoking.

Lord Hunt of Kings Heath: XSmoking Kills" committed all government departments to review their internal office smoking policies. The Department of Health has written to departments asking for progress reports. While we will press for the highest standards, the precise policy to be adopted in each case is a matter for the department concerned.
	On 5 September the Health and Safety Commission announced that it favoured the introduction of an approved code of practice to safeguard the welfare of employees as far as environmental tobacco smoke in the workplace is concerned. The Government are considering their response.

Pharmaceutical Price Regulation Scheme

Baroness Massey of Darwen: asked Her Majesty's Government:
	When they intend to publish the fourth report to Parliament on the Pharmaceutical Price Regulation Scheme.

Lord Hunt of Kings Heath: The fourth report to Parliament on the Pharmaceutical Price Regulation Scheme (PPRS) was published today. Copies have been placed in the Library.
	The PPRS: fourth report to Parliament covers both the conclusion of the 1993 scheme and the operation of the first year of the new scheme from October 1999. It provides an insight into the running of the PPRS; reports on the Government's broad objectives for the 1999 scheme; and describes the principal features of the new scheme, including the benefits for the National Health Service and the British pharmaceutical industry.

Special Areas of Conservation

Lord Pearson of Rannoch: asked Her Majesty's Government:
	Further to the Written Answer by Lord Whitty on 29 November (WA 134), whether when the European Commission asked member states to submit additional sites as potential special areas of conservation or special protection areas it acted in accordance with Article 174.3 of the Treaty Establishing the European Community: and, if so, why.

Lord Whitty: The UK and other member states were asked to submit additional sites as special areas of conservation because the European Commission judged that site lists transmitted were insufficient. While Article 174.3 refers to Community policy on the environment, the Habitats Directive is legislation already in place. In these circumstances, therefore, which relate to judgments about whether member states have implemented directives sufficiently, Article 174.3 does not apply.

Local Authorities: Executive Arrangements

Lord Cocks of Hartcliffe: asked Her Majesty's Government:
	When they intend to publish regulations relating to the operation of the executive under new local authority constitutions.

Lord Whitty: We have today laid before the House the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000. These regulations govern meetings of the executive under new local authority constitutions, recording of executive decisions and access to papers relating to executive decision-making.
	The regulations introduce a rigorous new regime of accountability. For the first time, the public will have a right to more than three days' notice of key decisions which will affect the local community. For the first time key officer decisions will be notified to the public in advance and be open to public scrutiny afterwards. In addition, the regulations are clear that where these key decisions are to be decided collectively by the executive or its committees, the public has a right to see those decisions being taken or discussed in advance with officers.
	We have also today published the revised chapter of the statutory guidance under Part II of the Act which deals with access to information. This reinforces the intention of the regulations to ensure that there is a proper culture of transparency and accountability around executive decision-making.
	Modular constitutions for local authorities are also published today. These are designed to assist local authorities which are drawing up proposals for new constitutions. Councils who follow the proposals in this document will be able to design a constitution which meets the aims of efficiency, transparency and accountability of decision-making which underpin Part II of the Local Government Act.
	We are also publishing a direction under section 37 of the Act today. This sets out what a council's new constitution must contain and a revised chapter of the guidance has been issued to accompany the direction.
	Copies of all these documents are available in the Library of the House.

Light Rail Operators: By-laws

Lord Hardy of Wath: asked Her Majesty's Government:
	What are their proposals regarding the by-laws submitted to the Secretary of State by the railway companies, London Underground and other light rail operators.

Lord Whitty: The national railway operators, London Underground, the Docklands Light Railway and Nexus Metro have submitted by-laws to the Secretary of State for confirmation. These by-laws, and the formal representations received from persons affected by these by-laws, have all been considered by the Secretary of State. We can announce that the by-laws, with a number of modifications, have been now confirmed, and 18 February 2001 has been set as the date that the new by-laws will come into force.

SEAC Annual Report

Baroness Massey of Darwen: asked Her Majesty's Government:
	When the 1999-2000 Spongiform Encephalopathy Advisory Committee (SEAC) Annual Report will be published.

Baroness Hayman: The 1999-2000 SEAC Annual Report was published today and will be available in the Libraries of both Houses. The report will also be released on the MAFF website www.maff.gov.uk.

Millennium City Status Competition

Baroness Howells of St Davids: asked Her Majesty's Government:
	When they will announce the result of the competition for city status to mark the Millennium.

Lord Davies of Oldham: We are pleased to announce that, on the advice of my right honourable friend the Prime Minister, Her Majesty the Queen has commanded that city status should be granted to Brighton & Hove, Inverness and Wolverhampton to mark the Millennium.
	Although the grant of the honour remains a rare mark of distinction, the Queen accepted the Prime Minister's recommendation to grant city status to more than one town to commemorate the Millennium. City status will be granted by Letters Patent, which will now be prepared for presentation to Brighton & Hove, Inverness and Wolverhampton in due course.
	The unsuccessful applicants will, of course, be disappointed not to have been honoured on this occasion. The quality of the 39 applications received was very high, however, and demonstrated the pride in their communities felt by local people in towns across the United Kingdom. They will all have an opportunity for their applications to be considered again for the grant of city status to mark Her Majesty's Golden Jubilee in 2002. The Queen has agreed to the Prime Minister's recommendation that her Jubilee should be marked, exceptionally, by grants of city status to a suitably qualified town in each of Wales, Northern Ireland, England and Scotland.
	My officials will now initiate a review of the procedures used in the Millennium competition. Further details of the Golden Jubilee competition will be announced during the first half of next year.

House of Lords: Public Gallery

The Earl of Sandwich: asked the Chairman of Committees:
	Whether he has proposals to improve the facilities in the public galleries of the House as suggested by Lord Hodgson of Astley Abbotts in the House Magazine on 11 December.

Lord Mackay of Ardbrecknish: The noble Lord, Lord Hodgson of Astley Abbotts, wrote in the House Magazine on 11 December that Xthe Order Paper is unclear, the visibility of the House is poor and the audibility of the speeches in the Chamber is worse. In this audio/visual age it is surely not beyond the wit of man to provide for our fellow citizens a gallery which enables them to see, hear and understand what is going on in their name in the Chamber before them".
	The Order Paper can certainly be difficult to understand for those unfamiliar with it. Every visitor to the Public Gallery receives an illustrated Guide for Visitors to the Galleries, which includes, among other things, an explanation of what the different items on the Order Paper mean. For the visually impaired, two Braille versions of the Guide are available.
	I accept that in certain parts of the public gallery there is a restricted view of the Chamber. That is why there are two television monitors in the Gallery. One of the monitors shows the current business, while the other is tuned to the Lords' annunciator and records the business before the House and the name of the speaker in the Chamber.
	On the question of audibility, a speaker system identical to the one used in the Chamber has been fitted to every bench in the Gallery and there is an induction loop for the hard of hearing.

Cabinet Committees

Lord Hoyle: asked Her Majesty's Government:
	What is the membership of each Cabinet Committee.

Baroness Jay of Paddington: A copy of the current list of Cabinet Committees, their membership and terms of reference has today been placed in the Library of the House. Details will also be updated on the Cabinet Office website.